South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Jessica E. B. Evans vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Jessica E. B. Evans

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
00-ALJ-07-0479-CC

APPEARANCES:
MARY D. SHAHID
ATTORNEY FOR RESPONDENT

JESSICA EVANS
PETITIONER
 

ORDERS:

CONSENT ORDER

This matter is before me by consent of all parties for entry of a consent order. This contested case is an appeal taken by the Petitioner following OCRM's denial of permit application No. OCRM-00-289-J. The Petitioner applied with the Department for a permit to construct a private dock at 451 Channel Creek Court in Hobcaw Creek Plantation, Mount Pleasant, Charleston County, South Carolina. The application proposed a 4' x 430' walkway, leading to an 8' x 10' fixed pierhead, and a 6' x 12' floating deck. The Department denied the permit on the grounds that the lot was non-waterfront property, and that the Petit

The Petitioner has made the OCRM staff aware that another dock permit, OCRM-00-073-J, was issued under essentially the same circumstances as the Petitioner's application. The Department has recognized the inconsistency of its action and has concluded that the Petitioner's dock permit should be issued as applied for. The parties agree that this agreement shall be binding on the Petitioner's heirs and assigns.

It is therefore, ORDERED that permit number OCRM-00-289-J is issued and this appeal is hereby dismissed with prejudice.

AND IT IS SO ORDERED.



_____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



October 19, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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